Legal Question in Family Law in Utah

Mother getting custody back after rehabillitation

I let my daughter live with her father on a trial basis, I have been a single mother for eight years, 11/2 that she has resided with her father. After the 3 months of a trial she wanted to live by her school mates so for insurance purposes and stuff like that I turned custody over in the mean time I had been in a car accident and became addicted to pain medication, I put my self thru rehab, no legal problems or pressure. On my defence I have had the same job for 9yrs but moved several times. I am rehabillitaded and now she wants to come home and he is threating me with that. What can I do?


Asked on 4/17/09, 9:57 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Mother getting custody back after rehabillitation

It depends on whether there was a court order changing custody to the father. If no order, then the daughter returns and if dad does not like it, he will have to file for a custody change. If there is a custody change order, then you will have to file a petition to change custody. Based on your recitation the drug issue should not prevent a change of custody.

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Answered on 4/20/09, 10:16 am
Cory Wall Cory R. Wall, Attorney at Law, P.C.

Re: Mother getting custody back after rehabillitation

Unless you formally modified the custody order, and assuming you were awarded custody in that order, you certainly have the right to demand that your daughter be returned to you. If there is no prior order and assuming you were not married to the father, again, you have the right to demand that your daughter be returned to you. It may be helpful if you would contact me so we can set up a free consultation so I can get more background information.

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Answered on 4/19/09, 10:07 pm


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